product liability

October 29, 2014

Boston Holds Summit to Address Lead Paint Hazard

Lead paint poses significant hazards to young children, due to the lead pigment being sweet to the taste and the likeliness that old paint will flake or easily peel off walls. When young children eat lead paint chips, the increased lead levels in their systems can cause serious developmental disorders, including a permanent loss of IQ points, behavioral problems, learning disabilities, loss of cognitive abilities and other harmful conditions.

According to a recent article in the Bay State Banner, a Massachusetts summit was hosted to address the dangers posed by lead paint in buildings across the Commonwealth.
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October 13, 2014

Jury Awards 17-Year-Old Boy $2 Million in Lead Paint Lawsuit

by Jeffrey S. Glassman

Boston is filled with old buildings built at time when asbestos and lead paint were commonly used, despite the fact that manufacturers knew these substances were toxic defective products and likely to cause serious injuries. It is only years later that people realize just how much damage was done.

According to a recent article from WBAL TV, a jury has just awarded a 17-year-old boy $2 million in a lead paint case. The victim was living in his grandmother’s home from the time he was born until he was five years old.

Court records and trial testimony show the boy suffered serious brain damage as result of his exposure to lead-based paint. This brain damage has caused the victim to lose four to five IQ points, suffer various cognitive defects, problems with his focus and attention span, behavior problems, and other learning disabilities.
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August 10, 2014

Gibson v. Am. Cyanamid Co.: Lead Carbonate Paint and the Risk Contribution Rule

by Jeffrey S. Glassman

Our Boston personal injury attorneys know significant investigation may be required before filing a lawsuit related to injuries sustained to lead exposure. It is important to find out as much as possible about what type of lead carbonate pigment paint contributed to the plaintiff’s illness, when the paint was applied, and who manufactured that type of paint.

Gibson v. Am. Cyanamid Co., a case from the U.S. Court of Appeals for the Seventh Circuit, involved a plaintiff who said he was injured as a result of eating lead paint as child in the late 1990s. Lead was added to paint to speed drying time, increase durability, and improve the overall look of the paint. If the paint is ingested, it can lead to kidney problems, liver disease, developmental disorders, and other health concerns. The fact that lead paint has a distinctly sweet taste is the reason that children often ate it after it flaked off a wall.
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July 5, 2014

Actos Litigation Ongoing as Massachusetts Insurer Files lawsuit

by Jeffrey S. Glassman

In the wake of a $9 billion verdict against Japanese drugmaker Takeda Pharmaceuticals, the manufacturer of diabetes drug Actos, which has been causally connected to instances of bladder cancer, the number of lawsuits filed against the firm continues.

Boston Actos injury attorneys recognize that in reality, that $9 billion will almost certainly be reduced, at least to some degree. ($1.5 million of the award was for actual damages; $3 billion in damages fell on the shoulders of the company’s marketing firm.) However, the Louisiana jury’s April verdict in the first bellwether case of a multi-district litigation has sent a strong statement, to which other victims are closely listening.

One recent example involves a series of 10 lawsuits filed by Blue Cross & Blue Shield of Massachusetts. In the case of In Re: Actos (Pioglitazone) Products Liability Litigation, the insurer is seeking to recoup damages it incurred after Takeda purportedly failed to warn consumers about the potential risk of bladder cancer associated with its popular diabetes drug, formally referred to as Pioglitazone. The insurer alleges Takeda knew or should have known the risks its product held with regard to bladder cancer. The insurer further alleges the company negligently or fraudulently concealed this link, failing to warn consumers of the danger. In turn, the insurer says it was forced to pay for costs relating to the cancers that developed – a far higher expense than the maintenance of the underlying Type II diabetes.
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June 27, 2014

Johnson v. Mead Johnson & Co. – Eighth Circuit Revives Infant Formula Lawsuit

by Jeffrey S. Glassman

The U.S. Court of Appeals for the Eighth Circuit has declined to set aside expert testimony pinning an infant’s permanent brain damage on formula produced by Mead Johnson & Co., reviving litigation against the firm.

In Johnson v. Mead Johnson & Co., the family of a then-1-month-old baby contends the child was sickened and suffered lasting brain damage after consuming Enfamil formula. The guardian ad litem who filed suit in the child’s stead contends the product was unreasonably dangerous because it was contaminated with the bacteria Cronobacter sakazakii.

Our Boston product liability lawyers understand the U.S. Centers for Disease Control & Prevention receive roughly six reports of C.sak sickness each year, even though there is no legal mandate for the cases to be reported. The bacteria is naturally-occurring in certain plants, such as rice and wheat. However, even small amounts can be lethal to those with immune systems that aren’t yet fully developed – namely, infants.
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